The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-16
SHALL THE GANG BE TRIED?
Justice Harlan Will Answer the Ques-
ton by His Decision To-Day.
He Patiently Hears the Legal Argument on
Boss Coy's Petition for Release on Writ
of IIabeas Corpus.

of the United States took his seat upon the
bench in thu federal courtroom to hear the
argument in the habeas corpus proceedings in
the case of Simeon Coy Justice Harlan. as he
settled himself, palm-eaf fan in hand in the
wide, substantial chair provided for him, filed
1t close and snug. He ia six feet in height,
weighs 265 pounds, and wears old-fashioned,
stand-up wide-spreading collar, nearly large
enough TO hoop a -four barrel. He is only-ffty-
four years old and his broad and forid face is
smoothly shayen, the effect of baroness being
frightened by forehead which meanders nm
disturbed far down the occiput where there is
thin fringe Of light brown hair slightly sprinkled
with gray. Justice Harlan chews tobacco like
the Kentucky gentlemen he is. 1t is plug
tobacco. and when the speeches dragged he
would reinforce his patience with fresh quid
and listen with a sweetness and resignation that
would have become early Christian martyr
As Justice Harlan was taking his seat. Sim
con Coy entered. His step was Duoyant, the
usual bland smile was upon his broad and hair
less face. He shook hands in generous way,
first with the reporters and then half dozen or
more persons near by. His hair was cut in
pompadour style and he carried a cane. AS he
seated himself in a corner to the left of the
judge and back Of the reporters. he joined
by John E. Sullivan and Albert t. Beck. and
soon afterward Albert F. Ayers. the candidate
for criminal judge in whose interest half the
changes in the tally -sheets were made, came and
took a seat near him. When proceedings were
begun Coy observed everything with watchful
eye aud listened intently to all that was going
1t was then that his face took on q heavy,
worn look, and he showed that the strain was
beginning to tell on him in spite of his usual
jaunty air. John III. Counselman and W. F. A.
n r. r. -
the audience and were indeed interested spec
fators. Samuel E. Perkins not present
The audience, which quite filed the court
room. was largely made up of lawyers. Judge
Woods of the federal court, sat to the right Of
Justice Harlan, and near him were Judge Kirk
of Columbus; Charles l.. Holstefn, Ferd Winter
and United States Clerk Butler. Among the
lawyerr present were Judges Walker and Taylor
Of the Superior Court; John L. Griffiths, John B.
Elan, Gen. John Coburn, Judge E. B. Martin
dale and Capt. Eli Ritter. The clergy was rep
resented by Drs. James Mcleod and Joseph
JeDckes, the latter in his earlier days lawyer
and practicing at the same bar with Justice Har-
Ian, who is an old friend OF those who are
classified as belonging to the Coy gang. there
were but half dozen present. Messrs
Byheld & Rowland. Judge McNutt, of Terre
toner. Francis j. Matter was present, looking
on for his client, Stephen Matter and w. B.
Walls az attorney for Bernhamer. The district
attorney. Emory B. Sellers appeared for the
government
The argument was opened on behalf of the
petitioner by Judge Livingston Rowland. who
set forth reasons why Simeon Coy, indited with
others for the election conspiracy of last Novem-
Der. should be set az liberty. He argued that the
ofense charged was not against the sovereignty
of the United States. He said the indict-
ments were founded on Sections 5440. soil and
55l5 of the federal statutes and pointed out the
difference between the two copies of election
papers the set placed in the bag sealed and given
in custody of the county clerk and the set given
in TO the canvassng board by the inspector. He
held that the penal statute referred only to the
aladr afr and hat hav ha he
board should canvass. He held that the penal
laws were to be construed strictly and also that
the doctrine of reasonable doubt applied to the
law as well as to the facts.
Justice Harlan interrupted Attorney Rowland
two three times during his statement and
argument TO put questions, evidencing desire
a know all there was in the case at the outset.
The counsel had read the sections of the State
and federal la VS. relating to the offenses charged
in the indictment when the Justice asked him
10 read some of the sections again At
torney Rowland began to speak of the differences
TO be drawn.
Just read the sections; please said the
Justice blandly; never mind discussion"
THE charge continued Mr. Rowland, twas
simply 70 get the officers of the election to part
with the papers. He might temporarily have
parted with them The full duty implied was
performed If he was present and compared and
canvassed the returns"
with the election papers and does not present
them at the proper time; il he put them in
J tody of somebody else with good intent and fails
covers thatp
The counsel replied that Section 55l5 covered
II, and in conclusion dwelt upon the intent and
force of that section. ~
Mr. Rowland, as was remarked by nearly
every one, appeared nervous and embarrassed.
He spoke in a low Tone and was frequently in
distinct He was followed by Mr. Bynum, who
read from manuscript He read long and we'll,
In clear, sonorous voice. but touched
upon nothing material that had not already
been discussed by attorney Rowland. The care
fully prepared paper read by Mr. Bynum, q.
was remarked. was more in the line of speech
to the voters Of the Seventh district than an arr
gument Ia n habeas corpus case He insisted
that ''the inspectors did an act whicn the law
did not authorize them to do; neither did il pro-
hss IT. they did not part with the the
the congressional vote should be tam
pered with He gave hypothetical cases
in which IL might be necessary and proper for
the inspectors TO part with the papers He said
that "the crime sought to be punished In the .
case at bar. grave ae It Is. Is one over which.
der the facts which are publicly known. tho
District Court OF the United States has no
Jurisdiction and its retention thereof would DO a
clear and positive invasion Of the reserved sover-
eighty OF the Stato.D Mr.. Bynum read until 1890
o'clock. During the last half hour Of his read
ing the audience departed by platoons, until few
remained. Justice Harlan kept M a vigorous
tanning and retained an appearance OF attention
20 the end. However, Simeon Coy the central
figure. and the most Interested in the proceed
inRs. after several vigorous efforts to keep his
eyes open, feli asleep. The court, when Mr..
Bynum concluded, rose and adjourned until Il.
n. Mr. Coy, accompanied by Marshal Hawkins.
returned TO the Marion county jail for dinner.
When Justice Harlan seated himself at
o'clock TO resume the hearing OF the habeas
corpus the fans that had been distributed among
the judges and officers OF the court piled
with greater assiduity chan before. Justice
Harlan expectorated more freely and frequently
than during the forenoon sitting The audience,
much smaller than in the morning, did not
hibit so much interest The citing of authorities
became monotonous, and the argument. as IL
went was as q twice told tale Judge McNutt.
who Was 10 close. spoke for twenty minutes or
more, when District-attorney Sellers TO
make his argument on behalf OF tho govern
mont against the petition. AS this was his
maiden effort thert some curiosity TO hear
what ne would say and how he would say It,
MI sellers Ia tall, slender and swarthy. with
nlAck nair. short black mustache and high
check bones. lie 10 laneuid as 20 limbs aud
speaks with elaboration. His manner reminds